Life is full of surprises. Whether it’s a new addition to the family, an unexpected career change, or a significant change in health, your circumstances can shift in a moment’s notice. Many of our clients at Sawyer & Sawyer, P.A. in Florida wonder, “Can I change my estate plan if my circumstances change?” The short answer is “yes”, you absolutely can—and should—update your estate plan to reflect your current situation. Why Update Your Florida Estate Plan? There’s a common misconception that an estate plan is a set-it-and-forget-it endeavor. While it’s comforting to know you’ve set up a plan, life changes and your estate plan should be flexible enough to change with you. For example, if you divorce or remarry, you’ll want to update your beneficiaries. Likewise, a change in the size of your estate, either due to an inheritance or a new business venture, may require adjustments to minimize…
Ensuring that your children or dependents are well taken care of in your absence is a primary concern for many parents and caregivers. The thought can be daunting, but there are proactive steps you can take. We’re here to guide you through the legal considerations and strategies available to residents of Florida. Creating a Comprehensive Estate Plan in Florida When you think about the future, especially concerning your children or dependents, a comprehensive estate plan is crucial. An estate plan does much more than merely dictate how your assets should be distributed after your passing. It serves as a well-rounded strategy to ensure that your wishes, particularly concerning the well-being of your dependents, are honored no matter what life brings. From incorporating durable powers of attorney to defining healthcare directives and setting up appropriate trusts, an estate plan in Florida can cover a range of legal mechanisms designed to…
Estate planning isn’t merely about crafting a will; it’s an inclusive process that ensures the appropriate management of your assets during your lifetime and their distribution after your death. At Sawyer & Sawyer, P.A., we believe that everyone in Florida should have an understanding of estate planning, not only to protect their wealth but also to secure their loved ones’ futures. Why Consider Estate Planning in Florida? When thinking about the future, most people dream of sunsets, family gatherings, and enjoying their golden years, especially in the picturesque settings of Florida. But what many don’t consider is the importance of directing how their assets will be managed and distributed. Estate planning in Florida provides a roadmap for these decisions. It’s not just about money; it’s about peace of mind. By defining how your assets should be distributed, you minimize the chances of family disagreements or legal battles. Furthermore, estate…
The start of a new year offers the perfect opportunity to get organized, and few things are more important to organize than your estate planning documents. Your estate plan affects decision-making during your lifetime and beyond, but you can only be fully protected if you have all the right documents. It is essential to review your plan if you have documents prepared when you lived in a different state. Let’s take a look at what you need in Florida. Everyone Needs an Up-to-Date Will You need a will, and it needs to meet Florida requirements, which differ from some other jurisdictions. If you have a revocable living trust set up to allow your assets to pass directly to beneficiaries, you still should have a pour-over will. That document covers any property that does not get transferred into the trust for one reason or another. If you executed your will years…
Scam artists have found new ways to target older adults. They know that many adults over 60 don’t feel the need to follow all the latest tech trends, and they use that knowledge to exploit seniors in a variety of ways. They also know that older adults are more likely to be experiencing the recent loss of loved ones and be struggling with the onset of new physical, emotional, or mental challenges. Perhaps most enticing is the fact that many adults over the age of 60 have accumulated wealth and are considering investment options and charitable causes. Consider These Questions Before Committing Your Funds The following questions indicate that an investment scheme or philanthropic request is likely just a cover-up for a scam. If you answer “yes” to one or more of the following, it is a good idea to stop and investigate thoroughly before proceeding any further. Are you…
Your car is probably the most dangerous item you own. We think of our vehicles as useful tools, but they are also a source of tremendous potential liability. While we all know we can be held liable for any accidents that result from our driving mistakes, many people in Florida do not realize that they can also be held liable if someone else is driving their car and causes an accident. That’s a frightening thought. You need to be aware of the risks and what you can do to minimize them. The Dangerous Instrumentality Doctrine Under the law, anything that is inherently dangerous or that can cause harm if used carelessly is considered a “dangerous instrumentality.” Explosives would be a classic example. The owner of a dangerous instrumentality is held strictly liable for harm caused by that dangerous article, even if they weren’t negligent in using it or weren’t even…
Essentially every adult leaves an estate when they pass away. An estate is just a legal term describing the financial affairs you leave behind. Someone will need to pay your final bills, and someone will receive any assets left over. That may not mean much to you. But it is important to realize that having a proper estate plan can not only reduce waste and ensure your wishes are honored after your death, but your plan can also protect you during your lifetime. To see why you need an estate plan, let’s take a look at what happens when you don’t have one. If You Become Incapacitated, No One Can Help A thorough estate plan can provide for your medical and financial needs if you are in an accident or get sick and are unconscious and unable to communicate. Without the right estate planning documents, no one can access your…
To qualify for long-term Florida Medicaid benefits to cover nursing homes, in-home care, or care in some assisted living facilities, your assets must be less than the resource cap established by Medicaid. The simple solution would be to give everything to your kids, so you’d have no assets and you’d qualify for benefits. Of course, it doesn’t work that way. Rules penalize many property transfers made too close to the time someone wants to apply for Florida Medicaid. However, Medicaid planning attorneys know strategies to make the most of the opportunities allowed by the rules to help you conserve assets while establishing Medicaid eligibility. The key is to plan as much as possible. Look-Back Period To meet the asset limit for Florida Medicaid, you must have no more than $2,000 in “countable” assets. Your spouse is also limited in what they may own, even if they do not need care….
When you think about estate planning, chances are that your phone is not one of the first things that spring to mind. But you have digital assets stored on your phone, as well as your laptop, tablet, and online accounts, and you need to include management of digital assets as part of your estate plan. Unlike traditional assets with a physical presence or paper trail, digital assets can be effectively lost in cyberspace if you do not take the right steps to prepare. Estate planning to protect digital assets involves many tasks you can do on your own. However, there are a few situations where you may want to consult your estate planning attorney for assistance or advice. Inventory Your Digital Assets A digital asset is anything that is stored, owned, and accessed completely online or in a digital format. When taking inventory of your digital assets, you need to…
People often assume that estate planning is something you don’t have to worry about until you’re at a stage of life where you have children to protect or are preparing for your final years. However, many of the critical components of an estate plan are just as essential for young adults as for older ones. Here are some important documents to consider as your children head off to college or embark on life as independent adults. Health Care Surrogate Designation Illness or injury can strike anyone regardless of age. If a young adult is unconscious or incapacitated, a health care surrogate designation would allow someone they trust to make health care decisions and authorize medical treatment on their behalf. Financial Power of Attorney While a health care surrogate designation allows an agent to make health care choices for someone who is incapacitated, a financial power of attorney enables an agent…